Yes, We Did! The Affordable Care Act (Mostly) Stands

Afteraffordable care act supreme court decision months of nail-biting, speculation, and copious analysis – we finally have it. The Supreme Court of the United States has rendered its decision in National Federation of Independent Business v. Sebelius.

And the left, the feminists, the Obama Administration, and most of all – the country WON!

In a 5-4 decision, with Chief Justice John Roberts crossing the aisle to side with the liberal wing of the court, the Supreme Court decided that the vast majority of President Obama’s Affordable Care Act was Constitutional and would move forward.

At the center of the controversy, the so-called “individual mandate,” or requirement that most Americans carry health insurance or face a financial penalty, received the most attention. Initially, CNN, FOX News, and even NPR had reported that the mandate had been declared unconstitutional.  [Read more...]

Was Roe a Mistake?

supreme-courtAn article in today’s Wall Street Journal is really burning my biscuits. The author, Robert George, claims that if the Supreme Court decides to hear an appeal of California’s Proposition 8 (which outlawed same sex marriage), the justices would be “repeating the mistakes of Roe.”

It would be disastrous for the justices to do so. They would repeat the error in Roe v. Wade: namely, trying to remove a morally charged policy issue from the forums of democratic deliberation and resolve it according to their personal lights.

Even many supporters of legal abortion now consider Roe a mistake. Lacking any basis in the text, logic or original understanding of the Constitution, the decision became a symbol of the judicial usurpation of authority vested in the people and their representatives. It sent the message that judges need not be impartial umpires—as both John Roberts and Sonia Sotomayor say they should be—but that judges can impose their policy preferences under the pretext of enforcing constitutional guarantees. [Read more...]

Live Blogging Sotomayor’s Confirmation Hearings, Part 2

Senator Amy Klobuchar from Minnesota is the first out of the gate after the lunch break. More references to humble beginnings and overcoming obstacles to achieve the American Dream. Klobuchar makes a good point, that all judges’ life experiences effect their decision making process.

Next up is Senator Kaufman from Delaware. He says appointing nominees to SCOTUS is Congress’s most important job besides declaring war. OK – not really happy with the militarism of that statement. But at least he’s moved beyond gendered language and said “she” when referring to a nominee. Takes a jab at people who focus on “activist judges” and “litmus tests.” Then says that he sees “no biases” in Sotomayor’s catalog of rulings. Oh, snap. Now there’s another reference to humble beginnings. This seems to be the theme of the day. Even though he says he thinks men and women have the same life experiences, he believes that diversity on the court is a good thing because it will reflect a broader spectrum of life experiences. How does that work? Very confused. Then another baseball reference. What’s the big deal about balls?

Arlen Specter is the third Democrat in a row to speak. The former Republican is talking about how diversity on the court is important. Now he’s saying that he is more concerned about which cases that SCOTUS didn’t decide to hear, rather than which cases they actually heard because he says that it leaves a lot of confusion about what the actual precedent on issues is. He’s really focused on terrorist surveillance and the FISA courts and SCOTUS’s refusal to hear these cases. He says he wants to know what her standard will be for deciding which cases will be heard by SCOTUS. [Read more...]

Confirmation Hearing Starts Today

sotomayor 7.12.09Senate confirmation hearings for Supreme Court Nominee Sonia Sotomayor begin Monday, July 13. At first the pro-choice community knew nothing about her record on choice and how she might vote on an abortion case. Unfortunately, we still have no hard evidence. We cannot make assumptions, but over the past few months of the media, congress, and non-profit organizations investigating her record have revealed she may have a progressive bent to her thinking and she may even resemble the legal demeanor of her predecessor, Justice David Souter, which was mindful of precedent, progressive and critically thinking.   

About one month ago, Justice Ruth Bader Ginsberg made a bold move and publicly announced her endorsement of Sotomayor. This past week, the NY Times ran an interview with Justice Ginsberg revealing her staunch feminist thinking and slightly re-iterating her desire to see Sotomayor confirmed as the first Latina nominee and the third woman nominee. Ginsberg is currently the lone female Justice among 9 members of the high court.  

If not read only for a brief history of women on the court, this exclusive interview is also a wonderful glimpse into a most accomplished woman who openly and proudly asserts her feminism. Justice Ginsberg is an extraordinary human being. Her acknowledgement of having benefitted from affirmative action further promotes the case that new faces and persons of differing opportunity levels must be given the chance to succeed. Our country has greatly benefitted already from the decisions of Ginsberg and how her perspective (juxtaposed with a white male) has brought change to our laws as well as serving as a reminder of the complexity of our world. I am, of course, not hating on all white men, but instead expounding the idea that our world should be lead by more than one group. 

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Different but equal?

Monday the Supreme Court overturned a ruling in the New Haven Firefighter decision made by Judge Sonia Sotomayor when she sat on a 2nd district court with two other judges. In this case, 14 white firefighters sued the city of New Haven, Conn. for discrimination after the city rejected a promotional test when only white firefighters passed and all black firefighters failed. Im not a expert on critical race studies, but this scenario seems very strange when the only people passing this test are whitesonia. The city seems to have rightfully pulled the test as a faulty (biased) basis for promotion. 

Sotomayor has taken a lot of heat on this decision to find favor with the City which realized it issued a racially-biased test to its employees. With the Supreme court ruling to reverse this decision and rule in favor of the white firefighters and their complaint of “reverse-discrimination,” the Republicans on the Senate Judiciary Committee have been handed some ammunition. It is no surprise the high court’s recent ruling was split 5-4 in favor of the decision. Swing Justice Kennedy siding with the 4 conservatives and the 4 progressive judges holding strong to maintain Sotomayor’s statement. If anything, this ruling from the high court gives us a clearer view of how Sotomayor might align ideologically if confirmed to the Supreme Court. This is an upside. 

The downside is that, 1) our current court is blatantly split conservative/liberal with only Justice Kennedy, and sometimes Stevens, as swing votes (does this mean the justices are looking at each case independent of personal political views, or do we have an entire court of “activist judges?”) and 2) the reversal of the New Haven decision is only non-sensical fodder for the likes of hate-mongering pundits, Limbaugh and Gingrich. Conservatives have been trying to figure ways to push back the senate nomination hearings due to begin July 13th, but maybe now they will embrace an earlier date. The timeliness of this reversal from the Supreme Court is just a little too perfect.

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Is it just me or is it homophobic in here?!

Photo0141My posting intentions this week were seriously sidetracked late last night when I received a startling text message from a friend. The text message included an attached photo [inset] with the simple words: “I don’t know what to do. Should I call the police? I’m scared.”

I was floored. There seems to be a blatant increase of gay-bashing/LGBT-based hate crime incidents as of late and it is, in my opinion, not surprising considering the overall atmosphere that we are living in now. Hell I was the victim of a verbal assault twice over the past 2 weeks and I have heard others citing similar accounts all over this “great nation.” [Read more...]

Sotomayor: Affirmative Action and Ginsberg

ginsburg_ap_163In a rare happening, a Supreme Court Nominee receives advance praise and welcome from sitting Justice Ruth Bader Ginsberg. This a high compliment coming from the only woman currently on the court and one of the four remaining Justices we can count on to uphold the ruling to legalize abortion, Roe v. Wade. And, it should be noted that Ginsberg has mentioned more than once the importance of women justices on the court because they bring a perspective very different from male justices. Yet, still airing on the side of caution, we cannot logically deduce any of Sonia Sotomayor’s legal opinions on the right to privacy or on the legality of a woman’s right to choose from this casual endorsement. Bummer. 

In other news, with the Supreme Court nomination hearings due to start July 14, Senate Republican leader Mitch McConnell says a filibuster is still an option on the table. With Al Franken’s race for Senate still held up in ballot recounts, the Democratic Senate is one senator shy of the 60 votes needed to block a filibuster. The Republican Party strategy for Sotomayor seems to be to postpone the approval of her nomination for as long as possible. At the very latest, we will need a replacement for Justice Souter’s seat by October when he will officially leave his post and the new annual session begins. Presumably, the GOP aims to stall while searching for more, or any, evidence against her that she is pro-choice, pro-gay, or just generally “empathetic” towards people she does not know. 

What is the latest outrage by the GOP against Sotomayor? Calling her a racist wasn’t good enough? Just as President Obama was degraded by republicans for being a political organizer, Sotomayor may now be raked over the coals for being an advocate of affirmative action. In 1994, Sotomayor is quoted promoting affirmative action, saying, “I am a product of affirmative action… I am the perfect affirmative action baby.” She also later acknowledges that she has also benefited from having her test scores overlooked, and admits that before attending Princeton and Yale, she probably did not have the highest score compared to all the applicants. With all the praise Sotomayor receives from respected members of today’s legal and scholarly communities, it cannot be said Sotomayor did not have the potential to become the accomplished doctor of jurisprudence she is today. And it makes one wonder: without an admissions committee slightly overlooking her scores, would Sotomayor have had the opportunity to be the first Latina, and third woman nominated to the Supreme Court?   

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Decoding Nominee Sonia Sotomayor

ap_sotomayor_090528_mnJudge Sonia Sotomayor’s record on abortion is virtually non-existent. The closest she has come to a decision on reproductive rights is the case of Center for Reproductive Law & Policy v. Bush. This case is situated around the Global Gag Rule, also known as the Mexico City Policy, that Bill Clinton repealed, George W. Bush re-enacted, and President Obama repealed. This is a very important policy because its enactment prohibits the US from funding organizations providing contraception, sexual health information, and abortion overseas. I am careful to say this case is “situated around” the global gag rule, since the ruling found by Sotomayor, and a panel of two other judges, has largely been interpreted as an opinion which upholds precedent. In other words, this case should not be used as an indicator of how Sotomayor might rule on an abortion case to uphold or overturn Roe v. Wade.

In response to this ruling, Jill Filipovic from RH Reality Check blog, tells us,

That outcome disheartened feminists, liberals and reproductive justice advocates, and I wish it had been decided differently. But the decision wasn’t necessarily a bad one – and it absolutely should not stop progressive women’s rights activists from supporting her nomination.

If anything, CRLP v. Bush highlights precisely why Sotomayor should, in a sane world, be an easy confirmation: She sticks to the rule of law, respects precedent and writes thoughtful and reasoned opinions.

RH Reality Check is a pro-choice blog, so it can be safely assumed the majority of their bloggers are pro-choice, but I remain skeptical of Sotomayor’s opinion on choice since no proof has yet been provided. [Read more...]

Dr. Tiller & Nominee Sonia Sotomayor

The death of Dr. Tiller is a tragic reminder of the harshly divisive pattern of American politics. Too often we are pulled into debates with only two sides: one side is right, the other is wrong. This type of world continues to breed hate and ideologies that must stand against each other rather than side by side in conversation or negotiation.

Since President Obama announced his nomination of Judge Sonia Sotomayor to the Supreme Court last Tuesday, both sides of the abortion issue have pressed the White House for answers. However, there are no legal opinions penned by Judge Sotomayor about abortion or, more broadly, on the right to privacy. This puts anti-choice and pro-choice groups in a precarious position. To assume Sotomayor is pro-choice based on the politics of the President who appointed her would be naïve and dangerous.

In the wake of Dr. Tiller’s recent murder, abortion as an issue will be unavoidably front and center. The American people will want an end to this heinous violence, and it will be watching to see how both sides of the abortion debate work together or not. No one wants this death to be the start of more violence against abortion doctors such as occurred during the Clinton administration. Well, almost no one… Here is part of Randall Terry’s reaction to yesterday’s blood-shed (he is the former director of Operation Rescue, a dangerously anti-choice group), “George Tiller was a mass-murderer. We grieve for him that he did not have time to properly prepare his soul to face God. I am more concerned that the Obama Administration will use Tiller’s killing to intimidate pro-lifers into surrendering our most effective rhetoric and actions. Abortion is still murder. And we still must call abortion by its proper name; murder.”

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